Terms & Conditions

TERMS AND CONDITIONS OF USE

PLEASE READ THIS DOCUMENT CAREFULLY. Welcome to Ontario & Trumansburg Telephone Companies’ website http://ottctel.com/ (the “Website”). The Website is the property of Ontario Telephone Company, Inc., a New York corporation, Trumansburg Telephone Company, Inc., a New York corporation, and their respective affiliates and related parties (collectively “OTTC”) and their licensors. Before accessing the Website, please carefully review the terms and conditions provided herein, our Privacy Policy provided at https://ottctel.com/privacy-policy/ and our Acceptable Use Policy provided at https://ottctel.com/privacy-policy/, each of which are incorporated by reference (collectively referred to as the “Terms of Use”).

BY USING AND ACCESSING THE WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, WE DO NOT AUTHORIZE YOU TO USE THE WEBSITE AND YOU SHOULD LEAVE THE WEBSITE IMMEDIATELY.

We may, in our sole discretion, modify or update these Terms of Use from time to time without prior notice to you, and you agree to be bound by all such modifications and updates. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

Use of Content

  • Any designs, text, graphics, photographs, images, videos, audio files, and other files or materials, and their selection and arrangement, provided by or accessed through the Website (“Website Content”), and all copyrights, trademarks, service marks, patents, and other intellectual property rights are the property of OTTC or our licensors. All rights not expressly granted herein are reserved.
  • Unless you have agreed with us otherwise in writing, nothing in the Terms of Use gives you a right to use any of our trade names, trademarks, services marks, logos, trade dress, domain names, or other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Website.
  • Unless you have been expressly authorized to do so in writing, you agree that in your use of the Website, you will not use any trademark, service mark, trade name, trade dress, logo of any company or organization in a way that is likely to cause confusion about the owner or authorized use of such marks, names, or logos.
  • You may access the Website for your information and personal use, solely as intended through the provided functionality of the Website and as permitted under these Terms of Use. You shall not download any Website Content without our consent, which shall be expressed by a “download” link. You shall not copy, reproduce, transmit, display, sell, license, or otherwise exploit any Website Content without our express written consent.

User Accounts

  • You may be required to register with OTTC to use certain portions of the Website. You may never use another person’s account or registration information without permission.
  • When you register, you may be required to provide personal information that may be used to identify you including, but not limited to, your name, e-mail address, date of birth, or other personally identifiable information. You are solely responsible for the activity that occurs on your account or under your registration, and you must keep your password secure. You must notify us immediately of any breach of security or any unauthorized use of your account or under your registration. We are not liable for your losses caused by an unauthorized use of your account or registration information, but you may be liable for the losses of OTTC or others due to such unauthorized use.
  • To the extent any inconsistencies exist between the terms herein and the Privacy Policy, the Privacy Policy shall govern.
  • To the extent any inconsistencies exist between the terms herein and the Acceptable Use Policy, the Acceptable Use Policy shall govern.
  • You agree (a) that any personal information you provide to us will be accurate, correct, and current; (b) to use the Website only for purposes that are permitted by the Terms of Use and any applicable law, regulation, statute, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries); and (c) that you are solely responsible for (and that we have no responsibility to you or to any third-party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach.

User Conduct

We grant you the ability to use the Website subject to these Terms of Use. We may, at our sole discretion and without notice, terminate your account and/or your access to or ability to use the Website for any reason, including violations of the Terms of Use. You may not attempt to override or circumvent any of the usage rules.

Termination; Survival of Terms of Use

            You agree that absent a written agreement to the contrary, we may under any circumstances and without prior notice temporarily or indefinitely suspend you from use of the Website. You acknowledge and agree that all of the legal rights, obligations, and liabilities that you and OTTC have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of the Terms of Use that by their nature would survive its termination shall survive indefinitely.

DISCLAIMER OF WARRANTIES

            YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE ARE NOT RESPONSIBLE FOR THE UNAVAILABILITY OF THE WEBSITE OR UNAVAILABILITY OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SPECIFICALLY, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT (A) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; AND (D) THAT THE QUALITY, OPERATION, OR FUNCTIONALITY OF ANY OF THE WEBSITE PURCHASED OR OBTAINED BY YOU WILL MEET YOUR REQUIREMENTS.

            WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

            NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

            YOU EXPRESSLY UNDERSTAND AND AGREE THAT OTTC SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS DUE TO BUSINESS INTERRUPTION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (1) ANY CHANGES THAT WE MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE); (2) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE; (3) YOUR FAILURE TO PROVIDE US WITH ACCURATE PERSONAL INFORMATION OR TO COMPLY WITH THE TERMS OF USE; (4) YOUR ABILITY TO ACCESS, OR THE AVAILABILITY OF, EXTERNAL WEBSITES OR RESOURCES (WITH HYPERLINKS ON THE WEBSITE), OR YOUR RELIANCE ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT OR OTHER MATERIALS ON, OR AVAILABLE FROM, SUCH WEBSITES, CONTENT, OR RESOURCES; (5) OR ANY VIRUSES, TROJAN HORSES, WORKS, TIME BOMBS, CANCELBOTS, OR ANY OTHER HARMFUL OR DELETERIOUS SOFTWARE PROGRAMS ENCOUNTERED BY YOUR USE OF THE WEBSITE.

            THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

            YOU EXPRESSLY AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR ANY CONTENT OR ACT BY A USER OR THIRD PARTY THAT VIOLATES THESE TERMS OF USE, AND THAT THE USER BEARS ALL RISK OF HARM OR DAMAGE RESULTING FROM THE FOREGOING.

Indemnification

You shall indemnify, defend, and hold harmless OTTC (and its officers, directors, members managers, agents, and employees) from any costs, expenses, claims, damages, losses, liabilities, and demands, including reasonable attorneys’ fees, arising out of your use of and access to the services, breach or violation of the Terms of Use, or your violation of any law or the rights of any third-party.

Miscellaneous

Waiver: No waiver of a breach of any term of the Terms of Use by us will be effective unless in writing and duly executed by OTTC. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of the Terms of Use. No failure on the part of OTTC to exercise, and no delay in exercising, any of our rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by OTTC of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend, or discharge any part of the Terms of Use or the rights or obligations of any party hereunder.

Entire Agreement: Except for the Privacy Policy and Acceptable Use Policy, the terms herein contain the entire understanding of the parties with respect to use of the Website and supersede any prior agreements or und­erstandings among the parties with respect to the subject matter hereof. There are no representa­tions, warranties, or obligations of any party not expressly contained herein.

No Third Party Beneficiaries; No Relationship: Except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. You agree that no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms of Use.

Assignment: You may not assign your rights under these Terms of Use, but we may assign our rights in these Terms of Use without restriction.

Governing Law and Dispute Resolution: Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (the “AAA”). The arbitration will take place in Rochester, New York. You and OTTC shall select jointly one arbitrator from a panel of arbitrators submitted to the parties by AAA who have, to the fullest extent possible, experience with and knowledge of the relevant industry. If the parties are unable to select jointly an arbitrator, the AAA shall appoint the arbitrator. The arbitrator shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. You and OTTC agree to arbitrate solely on an individual basis, and that the Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

            Limitations: You and OTTC agree that any cause of action against OTTC arising out of your use of or relating to the Website must be commenced within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

            Partial Invalidity: If any provision of the Terms of Use is held invalid or unenforceable by a competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of the Terms of Use will not affect its other provisions and the Terms of Use will be construed in all respects as if the invalid or unenforceable provision were omitted.

            Terms of Use Violations: Please report any violations of the Terms of Use to our support staff immediately.

            Feedback and Information: Any feedback you provide at this site shall be deemed to be non-confidential and OTTC shall be free to use, disclose or transmit such information on an unrestricted basis.